Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
petty misdemeanorup to 60 daysup to $500
For details, see 9 Guam Code Ann. § 80.34

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Terms Used In 10 Guam Code Ann. § 122505

  • Arrest: Taking physical custody of a person by lawful authority.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(a) Participation in the medical use of cannabis by a
qualified patient, or primary caregiver, patient’s designated

153

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

caregiver, or multiple patients’ designated caregiver does not
relieve the qualified patient or primary caregiver from:

(1) criminal prosecution or civil penalties for activities not permitted by this Act;

(2) liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or

(3) criminal prosecution or civil penalty for possession or use of cannabis:

(A) in a school bus or public vehicle; (B) on school grounds or property; ;
(C) in the workplace of the qualified patient’s or primary caregiver’s employment; or

(D) at a public park, recreation center, youth center, or other public place.

(b) A person who makes a fraudulent representation to a law enforcement officer about the person’s participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor.

(c) If a licensed possessor or employee of a licensed medical cannabis business sells, distributes, dispenses, or transfers cannabis to a person not permitted to participate in the medical use of cannabis under this Act, or obtains or transports cannabis outside Guam in violation of federal law, the licensed possessor or employee of a licensed medical cannabis business shall be subject to arrest, prosecution and civil or criminal penalties in accordance with Guam law.

SOURCE: Added by P.L. 32-237 (Feb. 21, 2015). Amended by P.L. 33-
220:2 (Dec. 17, 2016). Amended by P.L. 34-165:2 (Dec. 28, 2018).